Certification to Use Speed Detection Devices; Withdrawal or Suspension of Certificate

  1. Law
  2. Georgia Code
  3. Law Enforcement Officers and Agencies
  4. Employment and Training of Peace Officers
  5. Certification to Use Speed Detection Devices; Withdrawal or Suspension of Certificate

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  1. Persons employed or appointed by any agency, organ, or department of this state or a subdivision or municipality thereof authorized to use speed detection devices shall be required to be certified by the council as qualified speed detection device operators. Each person operating radar speed or laser detection devices shall satisfactorily complete a course of instruction in the theory and application of speed detection device operation as a condition for certification. The council shall establish and modify the curriculum for the course of instruction, including a minimum number of hours. Persons authorized and qualified to conduct the course of instruction required by this Code section shall be certified by the council as speed detection device operator instructors upon complying with requirements prescribed by the council. The council shall have the authority to recognize instruction received by persons subject to the requirements of this Code section if, in the determination of the council, the instruction is at least equivalent to that required by this chapter. If the instruction is recognized, then it shall be accepted in lieu of part or parts of the minimum hours of instruction required for speed detection device certification by this chapter. Should any person fail to complete successfully the training requirements for operation of speed detection devices, he or she shall not perform any functions related to the use of the devices until such training shall have been successfully completed and until such time as the council shall issue appropriate certification. All persons certified to use speed detection devices shall complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for their speed detection device operators' certifications to remain in force and effect. The council is authorized to withdraw or suspend the certification of any person for failure to meet the update or refresher requirements specified in this Code section or for violation of any portion of this chapter relating to conditions which may lead to the withdrawal or suspension of peace officer certification to operate radar or laser speed detection devices.
  2. Upon the withdrawal or suspension of any certificate to operate speed detection devices for the reasons set forth in this Code section, the executive director of the council shall notify the commissioner. The notification shall contain the officer's name and employing law enforcement agency.
  3. Upon receipt from the commissioner that a speed detection device permit has been suspended or revoked pursuant to Code Section 40-14-11, the council shall withdraw or suspend the certification to operate speed detection devices for every certified operator employed by the agency whose permit has been suspended or revoked. The period of withdrawal or suspension shall be consistent with the action taken by the department.

(Ga. L. 1980, p. 979, § 3; Ga. L. 1996, p. 1281, § 2.)

Cross references.

- Approval by counties and municipalities of use of speed detection devices within their jurisdiction, and regulation of use of speed detection devices, T. 40, C. 14.

Law reviews.

- For review of 1996 use of radar speed detection devices legislation, see 13 Ga. St. U. L. Rev. 244 (1996).

OPINIONS OF THE ATTORNEY GENERAL

Intent of General Assembly regarding certification of persons employed to use speed detection devices was to have people certified no matter which type of device is used as long as the device itself fits within the definition provided for under Ga. L. 1980, p. 979 (see now O.C.G.A. § 35-8-2(11)). 1981 Op. Att'y Gen. No. 81-77.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 947, 948. 63C Am. Jur. 2d, Public Officers and Employees, §§ 48 et seq., 70. 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 7 et seq.

C.J.S.

- 23 C.J.S., Criminal Procedure and Rights of the Accused, § 852. 63 C.J.S., Municipal Corporations, § 624 et seq. 67 C.J.S., Officers and Public Employees, §§ 22, 26 et seq.


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